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An approved drug-use test must be conducted within reasonable parameters. InCapuathe court determined that a urine collection process may not be reasonable if done under
- An approved drug-use test must be conducted within reasonable parameters. InCapuathe court determined that a urine collection process may not be reasonable if "done under close surveillance of a government representative [as it] is likely to be a very embarrassing and humiliating experience." Courts will generally balance the employee's rights against the employer's stated basis for the test and determine whether the cause of the test is reasonable and substantial. For instance, inSkinner v. Railway Labor Executives Assn., the Supreme Court stated that the railway employees had a reduced expectation of privacy due to the highly regulated nature of the industry. In addition, societal interests, such as safety and security of the railways, may outweigh the individual employee's privacy interests. When might this be the case?
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